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Avoiding Professional Negligence Claims

Avoiding Professional Negligence Claims
Practice Area:  Private Client
ISBN:  9780414018648
Published by:  W. Green
Publication Date:  20 Nov 2015
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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This essential text is published in response to an increasing level of claims and complaints aimed at solicitors and a growing compensation culture affecting all aspects of legal practice. It performs two absolutely key roles. Firstly, to help legal practitioners in avoiding negligence claims and complaints in wills, trusts and executries. And secondly, if these are made, guiding you through how best to manage the outcome and minimize damage to you and your firm.

Author Rennie Galbraith provides an overarching review of the law relating to negligence – including recent cases and decisions, statutes and complaints. The text then drills down into specific areas of law, including executries, wills, trusts, tax, asset protection schemes and powers of attorney.

There are numerous areas which can impact on negligence – many developing in recent years and of which today’s solicitor must be aware. Data protection and computer security is now combined with issues around cloud based storage. Also, major changes occurring within the Scottish legal market have had significant effects, such as the Smith Commission and the development of non-solicitor legal services and alternative providers.

This text is highly practical in style, being interspersed with a series of role play scenes, demonstrating recurring and damaging problems and how you should deal with them. Alongside these are extensive checklists and documents to ensure you get it right each time.

The subject of negligence claims has become of paramount importance to Scotland’s solicitors. Avoiding Negligence Claims provides the expert guidance and practical tools to ensure you prevent claims being made against you and your firm, and can efficiently manage any which do.


Avoiding Negligence Claims contains:

  • ·         A general discussion on why claims have increased
  • ·         An in-depth review of the law of negligence
  • ·         Complaints and regulatory bodies – how these impact on professional practice
  • ·         Expert guidance on how to avoid claims generally
  • ·         Detailed advice on specific legal areas – including executries, wills, trust and tax
  • ·         Practical role play scenes – demonstrating how best to manage situations
  • ·         Extensive checklists and documents – ensuring you get it right each time


H. Reynold Galbraith was formerly a solicitor in private practice and a Diploma tutor in Wills Trusts and Executries at the University of Glasgow. He has written extensively on the subject, including the books Executry Tax Planning and Scottish Trusts: A Drafting Guide.

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